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RESOLUTION NO. 8055
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 1401 OF THE MERIT SYSTEM RULES
AND REGULATIONS
The Council of the City of Palo Alto does RESOLVE as
SECTION 1. Section 1401 of the Merit System Rules and
Regulations is hereby amended to read as follows:
"1401. Memorandum of agreement incorporated by
reference. That certain memorandum of agreement
by and between the City of Palo Alto and Local
715A, SEIU, AFL-CIO, CLC, consisting of a Preamble
and Articles I through XXVI I and Appendices A
through E, attached thereto and incorporated
therein, for a term commencing May 1, 2001, and
expiring April 30, 2004, is hereby incorporated
into these Merit System Rules and Regulations by
reference as though fully set forth herein. Said
memorandum, as amended, shall apply to all
employees in classifications represented by said
Local 715A, SEIU, AFL-CIO, CLC, except where
specifically provided otherwise herein.
In the case of conflict with this chapter and any
other provisions of the Merit System Rules and
Regulations, this chapter will prevail over such
other provisions as to employees represented by
said Local 715A, SEIU, AFL-CIO, CLC."
SECTION 2. The changes provided for in this resolution
shall not affect any right established or accrued, or any offense
or act committed, or any penalty of forfeiture incurred, or any
prosecution, suit, or proceeding pending or any judgment rendered
prior to the effective date of this·resolution.
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010521 cl 0032458 1
SECTION 3. The Council finds that this is not a project
under the California Environmental Quality Act and, therefore, no
environmental impact assessment is necessary.
INTRODUCED AND PASSED: June 4, 2001
AYES:
NOES:
BEECHAM,
OJAKIAN
BURCH,
ABSENT: FAZZINO, WHEELER
ABSTENTIONS:
~. /Y
ATTEST: ~
dty Clerk ~ ~
APPROVED AS TO FORM:
a~~.w~
Senior Asst. City Attorney
010521 c1 0032458
EAKINS, KLEINBERG, LYTLE, MOSSAR,
APPROVED:
M~~
rative Services
Direct
2
2001-2004
MEMORANDUM OF AGREEMENT
City of Palo Alto and Local715, SEIU, AFL-CIO, CLC
PREAMBLE
This Memorandum of Agreement is entered into by the City of Palo Alto (hereinafter referred to
as the City) and Local 715 Service Employees International Union, AFL-CIO, CLC (hereinafter
referred to as the Union). Employee, for the purposes of this Memorandum of Agreement, shall
mean an employee assigned to a classification within the SEIU unit. This Memorandum of
Agreement is pursuant and subject to Sections 3500-3510 ofthe Government Code of the State
of California and Chapter 12 of the City of Palo Alto Merit Rules and Regulations.
ARTICLE I -RECOGNITION
Section 1. Pursuant to Sections 3500-3510 ofthe Government Code ofthe State of California
and Chapter 12 of the City of Palo Alto Merit System Rules and Regulations, the City recognizes
the Union as the exclusive representative of a representation unit consisting of all regular full and
part-time employees in the classifications listed in Appendix A attached. This unit shall for
purposes of identification betided the SEIU unit. '
Section 2. No supervisor will perform the work of an employee in the SEIU unit provided that
there is an employee available who regularly performs such work. This does not preclude a
supervisor from performing work of a minor nature or during bona fide emergencies or on a
standby status when and ualified unit employees do not live within a reasonable
response time of the Municipal Service Center.
Supervisory be called out to perform unscheduled work only when SEIU unit
employees are unavailable to perform such work or in cases of bona fide emergencies as defined
in Article VIII, Section 2. In cases of bona fide emergencies, SEIU unit employees shall be
called out to complete the necessary work after the immediate emergency situation has been
reasonably contained.
ARTICLE II-NO DISCRIMINATION
Section 1. The City and Union agree that no person employed by or applying for employment
hereto shall be discriminated against because of race, religion, creed, political affiliation, color,
national origin, ancestry, union activity, age, disability sexual orientation, or sex unless sex is a
bona fide occupational qualification as defined in Federal or State law.
Section 2. The City and the Union agree to protect the rights of all employees to exercise their
free choice to join the Union and to abide by the express provisions of applicable State and local
laws.
ARTICLE III -UNION SECURITY
Section 1. When a person is hired in any of the covered job classifications, the City shall notify
that person that the Union is the recognized bargaining representative for the employee in said
unit and give the employee a current copy of the Memorandum of Agreement.
When a group employee orientation is held for new employees of the bargaining unit, a union
representative may make a presentation to such bargaining unit employees for the purpose of
explaining matters of representation. The presentation shall not exceed 15 minutes.
Section 2. Maintenance of Membership. All Union members on payroll deduction for payment
of Union dues on the day of the signing of this Memorandum of Agreement must remain on
payroll deduction for the life of this Memorandum of Agreement or so long as they remain
members of the representation unit. Union members who establish dues payroll deduction during
the term of the Memorandum of Agreement shall remain on payroll deduction for the life of this
Memorandum of Agreement or so long as they remain members of the representation unit. Union
members on dues payroll deduction may declare their intention to terminate such payroll
deduction by registered letter, return receipt requested, to the Director of Human Resources,
following expiration of this Memorandum of Agreement during the 30-day period between 60
and 90 days prior to expiration of the Memorandum of Agreement. The City will notify the
Union of all payroll dedu.ction cancellations under this provision.
Section 3. The City shall supply the Union with:
.(a) a monthly computer run of the names, addresses and classifications of all unit employees
except those who file written notice with the Human Resources Department objecting to
release of addresses, in which case information will be transmitted without address.
(b) a list of representation unit new hires, terminations and retirements which occurred during
the previous month.
Section 4. Payroll Deduction. The City shall deduct Union membership dues and any other
mutually agreed upon payroll deduction, which may include voluntary COPE checkoff, from the
bi-weekly pay of member employees. The dues deduction must be authorized in writing by the
employee or an authorization card acceptable to the City and the Union. The dues deduction card
shall include a check box for those employees who wish the Union to receive notification in the
event of unsatisfactory work, conduct, or disciplinary action taken pursuant to Article XX. City
shall remit the deducted dues to the Union as soon as possible after deduction.
Section 5. Bulletin Boards and Departmental Mail. The Union shall have access to inter-
office mail, existing bulletin boards in unit employee work areas, and existing Union-paid
telephone answering device for the purpose of posting, transmitting, or distributing notice or
announcements including notices of social events, recreational events, Union membership
meetings, results of elections and reports of minutes of Union meetings. Any other material must
have prior approval of the Human Resources Office. Action on approval will be taken within 24
hours of submission.
Section 6. Access to Union Representatives. Representatives ofthe Union are authorized
access to City work locations for the purpose of conducting business within the scope of
representation, provided that no disruption of work is involved and the business transacted is
other than recruiting of members or collecting of dues, and the representative must notify the
Human Resources Department Office prior to entering the work location.
Section 7. Meeting Places. The Union shall have the right to reserve City meeting and
conference rooms for use during lunch periods or other non-working hours. Such meeting places
will be made available in conformity with City's regulations and subject to the limitations of
prior commitment.
Section 8. Notification to the Union. The Union shall be informed in advance in writing by
Management before any proposed changes not covered by this Memorandum of Agreement are
made in benefits, working conditions, or other terms and conditions of employment which
require meet and confer or meet and consult process.
Section 9. Union Logo. All materials and documents produced on Itek and metal plates, by the
City print and reproduction shop, shall carry the Union label on the inside of covers or title p11ges
in accordance with customary printing trades practices. .,~;
Section 10. The City shall make available to the Union in a timely manner copies of all City :.: ·,
Council meeting agendas, minutes and schedule of meetings. These materials may be picked;{ip · ·
at the City Clerk's Office during business hours. · ·
Section 11. Upon request, the City shall provide to the Union reports by department on the use
of agency temporaries filling representation unit vacant positions, or doing work similar to that
of unit classifications.
ARTICLE IV-STEWARDS
Section 1. The Union agrees to notify the Director of Human Resources of those individuals
designed as Union officers and stewards who receive and investigate grievances and represent
employees before Management. Alternates may be designated to perform steward functions
during the absences or unavailability of the steward.
Section 2. The number of stewards designated by the Union at a given time shall not exceed ;., .
twenty-five (25). , ·:.;. .·
Section 3. It is agreed that, as long as there is no disruption of work, stewards shall be all owe~ :
reasonable release time away from their work duties, without loss of pay, to act in representing a
unit employee or employees on grievances or matters within the scope of representation,
including:
(a)A meeting of the steward and an employee, or employees of that unit related to a
grievance.
(b )A meeting with Management.
( c )Investigation and preparation of grievances.
Grievances may be transmitted on City time.
All steward release time shall be reported on time cards.
Section 4. The Union agrees that the steward shall give advance notification to his/her supervisor
before leaving the work location, except in those cases involving emergenci~s where advance
notice cannot be given.
Section 5. Three Union officers, who are City employees, shall be allowed a reasonable amount
of release time off for purposes of meeting and conferring or meeting and consulting on matters
within the scope of representation. All such time will be reported on timecards.
Section 6. Union stewards may utilize space in assigned desks for storage of Union materials. In
the event stewards are not assigned desks the City will provide locker or other mutually
agreeable space for storage of Union materials.
ARTICLE V-REDUCTION IN FORCE
Section 1. In the event of reductions in force, they shall be accomplished wherever possible
through attrition.
Section 2. When the City determines that layoffs are imminent resulting from reduction in force
within the representation unit, the City will give the Union such advance notice as is reasonable
under the circumstances. The notice will indicate the departments and divisions which will be
affected and the circumstances requiring the layoffs. The City will furnish the Union with a
current representation unit seniority list with notice of layoff.
Section 3. If the work force is reduced within a department, division, or office for reasons of
change in duties or organization, abolition of position, shortage of work or funds, or completion
of work, employees with the shortest length of service will be laid off first so long as employees
retained are fully qualified, trained, and capable of performing remaining work. Length of
service for the purpose of this article will be based on current service hire date of record in a
regular classification with no adjustment for leaves of absence. Length of service ties will be
determined in favor of the employee with the lowest employee number last four digits.
Employees laid off due to the above reasons will be given written notice at least thirty days prior
to the reduction in force. A copy of such notice will be given to the Union. Such employees shall
be offered priority.employment rights to regular or hourly positions which are requisitioned and
for which the employees are qualified for a period beginning with notification and ending sixty
days following the reduction in force. Employees transferred or reclassified under this section
will be assigned to the step in the new classification salary range closest to the employee's salary
range at the time of reclassification.
Employees laid off pursuant to this section shall receive the balance of all regular City
compensation owed at termination within 72 hours of the date of termination. This does not
include any amounts payable under Article V, Section 6, or PERS contribution refunds, if any.
Section 4. Employees identified for layoff who have seniority (bumping) rights to their current
or previously held classifications within the representation unit must declare their intention to
exercise these rights within seven (7) working days after written notification of layoff, otherwise
bumping rights will automatically terminate. Bumping may occur within the representation unit,
only to the least senior incumbent of the current or a previously held classification. To
successfully bump, the employee must be fully qualified, trained, and capable of performing all
work in the position bumped. An employee who declares bumping rights may not also claim
priority employment rights. For purposes of this section of the Agreement, the term "working
days" shall mean Mondays through Fridays, exclusive of holidays.
Section 5. Re-Employment List. The names of persons laid off or who through bumping
changed classification in accordance with the provisions of this Article shall be entered upon a ' re-employment list in seniority order. The person with the highest seniority on a division re-
employment list for a particular classification when a vacancy exists in that classification in that
division shall be offered the appointment. Names shall be carried on a re-employment list for a
period of two (2) years from the date of separation from City services or change of classification
through bumping. Upon re-employment within the tw:o-year period, the employee's hire date of
record at the time of layoff will be reinstated.
Section 6. If, pursuant to Section 2, the City is unable to offer a regular position to an employee
during the period beginning with notification of layoff and ending 60 days following layoff, the
City shall pay the employee a severance pay equal to one month's salary at the employee's final
rate of pay prior to termination.
Section 7. Employees laid off pursuant to Section 2 who are reinstated to a regular position
within sixty days shall retain the sick leave balance they had at the time of layoff, unless they
have received a sick leave payoff in accordance with Article XII. Upon reinstatement, the
employee's hire date of record at the time of layoff will be reinstated.
Section 8. No representation unit employee will be laid off or remain on a re-employment list
when hourly employees are performing substantially all the duties of the classification ofth~,,
employee receiving a layoff notice. or on a re-employment list. This provision shall not p~ : ()'
applied to hourly positions which have been traditionally used for seasonal and part-time,wol;k.
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period shall be regarded as a part of the testing process and shall be utilized for closely observing
the employee's work, for securing the effective adjustment of a new employee to his/her position,
and for rejecting any probationary employee whose performance does not meet the acceptable
standards of work. At least one written performance appraisal will be given each probationary
employee on or before expiration of the probationary period. Normally, this appraisal will be
given at the end of the third month.
In the event of termination prior to successful completion of the probationary period, such
terminated employee shall be given written notice of his/her termination with the reasons,for, the
term1~ation stated therein. The Human Resources Department shall, upon request, affordr,an ,;;
interview in a timely fashion to the terminated employee for discussion of the reasons fo~. · -~·
termination. The employee may, upon request, be accompanied by a Union representative. The
interview shall not be deemed a hearing nor shall it obligate the City to reconsider or alter the
termination action.
'The ~~rties agree that probationary employees shall have all rights under this Memorandum of
Agre~ment, including full and complete access to the grievance procedure, save and except for
instances of suspension, demotion m: termination.
Section 2. Personnel Evaluations. Personnel evaluations will be given employees as scheduled
by Management. PersoiU1el evaluations are not appealable through the grievance procedure but,
inthe event of disagreement over content, the employee may request a review of the evaluation
with the next higher level of Management, in
consultation with the Human Resour,ces Department. For purposes ofthis review, the employee
may be represented by the Union. Decisions regarding evaluation appeal shall be made in writing
within ten (1 0) working days following the review meeting.
Section 3. Personnel Files. Records of all disciplinary actions shall be kept in the central
personnel file. Employees shall be entitled to sign and date all action forms in their personnel
files. Employees are entitled to review their personnel files upon written request or to authorize,
in writing, review by their Union representatives. An employee or the Union shall be allowed,
upon reasonable request, copies of materials in an employee's personnel file relating to a
grievance. Records of disciplinary actions, including references in a performance evaluation,
shall be removed from a personnel file upon written request by the employee or in the normal
process of file review after a period of three years, or sooner as mutually agreed by Management
and the employee.
Section 4. Release of Information. The City will only release information to creditors or other
persons upon prior identification of the inquirer and acceptable reasons for the inquiry.
Information then given from personnel files is limited to verification of employment, length of
employment and verification and disclosure of salary range information. Release of more
specific information may be authorized by the employee.
Section 5. Promotional Opportunities.
(a) Posting.
Promotional opportunities for classifications within the representation unit will be posted for
at least ten (1 0) working days (Monday through Friday) prior to selection.
Outside recruitment may be used for promotional openings and may begin at the time of
posting, or any time thereafter. If, however, there are three or more qualified intem~l
candidates within the department where the vacancy occurs, outside candidates will not be
considered.
(b) Internal Candidate Eligibility.·
All non-probationary representation unit employees are eligible to apply for posted
promotional opportunities, except that Management may waive this requirement for all
probationary employees within the department where the promotional opportunity occurs.
(c) Selection. ·
The selection procedure for each promotional opening will be determined and administered
by the Human Resources Department in consultation with the requisitioning department.
Selection procedure and job description information will be available at the Human
Resources Office at the time of posting. Efforts will be made to standardize tests and
procedures where standardization is feasible and appropriate. Any tests used shall be
reasonably predictive of success in the classification, and tests not be biased with respect to
race, sex, sexual orientation, religion, creed, political affiliation, color, national origin,
ancestry, or age. Selection procedures may include any or all of the following phases:
(1) Application. Both inside and outside candidates will make application on forms
specified by the Human Resources Department. Applications must be submitted to the
Human Resources Office.
(2) Screening. Applications will be screened by the Human Resources Department to
ascertain whether candidates meet minimum requirements as outlined in the job
description. Internal candidates deemed not to meet minimum requirements may submit
additional qualification information writing within three working days of notification of
requirement deficiency.
(3) Performance Testing. Performance tests, such as typing, machinery or vehicle
operation, skills demonstration, physical agility, etc., will be qualifying. Pass-fail points
will be announced in advance for·qualifying tests. If requested in writing prior to the test,
performance test may be witnessed by Union steward.
(4) Written Tests. Written achievement or aptitude tests will be qualifying. Pass-fail
points will be announced in advance for qualifying tests.
(5) Interviews, Appraisals. Interviews may be conducted individually or by interview
boards and will be qualifying. Interview boards shall be composed of qualified and
unbiased people. Where interview boards are used, Management will include at least one
bargaining unit employee on each board. If individual interview or an interview board is
used, a majority of the individuals or board members must recommend a candidate in
order for the. candidate to qualify for appointment. Performance appraisals written by
candidates' supervisors may be used as indicated in the selection procedure.
(d) Recommended Candidates.
Candidates who successfully complete all phases of the selection procedure will be
recommended to the appointing authority.
(e) Seniority, for purposes of this Article, will be based on current service hire date of record
in a regular classification with no adjustment for leaves of absence. Seniority ties will be·
determined in favor of the employee with the lowest employee number last four digits.
Exceptions to this subsection may be established by mutual agreement on a departmental or
divisional basis. Such exception~ are listed in Appendix G.
(f) Appointment.
The appointing authority will make appointments from among those recommended
candidates who are most qualified as determined by objective review of selection procedure
results and background materials. Where appointments are made from only internal
candidates who are equally qualified as determined by objective review of selection
procedure results and past performance, seniority will be the determining factor in
promotional appointments.
(g) Violations.
Any violation of this Article may be appealed to the Human Resources Director in Step III of
the grievance procedure.
Section 6. Unit employees applying for a vacant equal or lower paying position shall have the
same rights as unit employees applying for a promotion.
Section 7. Apprentice Positions.
(a) The City shall establish apprentice positions wherever feasible. Length of apprentices)lip,
type of training, and pay levels shall be by mutual agreement. Where possible, apprentice ·
positions will underfill regular positions so that incumbents may automatically progress to
the classification for which they are training upon successful completion of apprenticeship.
The City will meet and confer with the Union before adding any new apprenticeship
programs during the term of this agreement. All apprenticeship programs are listed in
Appendix B.
Section 8. In assigning employees to regular or special shifts, transfer, standby, overtime, or
vacation selection, ability to perform the work, length of service and/or equitable rotation shall
determine the assignments. In accordance with this provision, more definitive rules may be
arranged by mutual agreement of the Union and individual City departments.
ARTICLE VII-PAY RATES AND PRACTICES
Section 1.
(a) Effective with the ""'"''"n including May 1, -1-99-&
a 4.0% increase at the Fifth
period including May 1, -1-99-& •• the
· at the fifth step as indicated.
.,.·
(b)
(c)
WID Salaries for all represented classes during the term of this agreement are list~cl'.in
Appendix A. . ::
Section 2. Step Increases. Merit advancements from the first salary step to the second salary
step shall be granted at six-month intervals and between second and subsequent steps at one-year
intervals, if the affected employee has demonstrated continued improvement and efficient and
effective service. For the purpose of determining step time requirements, time will commence on
the first day of the month coinciding with or following entrance onto a salary step. Step increases
shall be effective on the first day of the payroll period in which the time requirements have been
met.
Section 3; Working Out of Classification. The term "working out of classification" is defined
as a Management authorized full-time assignment to a budgeted position on a temporary basis
wherein all significant duties are performed by an individual holding a classification within a
lower compensation range. Pay for working out of classification shall be as follows:
(a) Employees appointed to unfilled requisitioned positions on an "out of classification" basis
will receive acting pay within the range of the higher classification beginning the first day of
. the assignment. Where out-of-class appointments last for more than 90 days, and whenever
feasible, out-of-class appointment will be rotated among qualified interested employees in\
.. the work group. :L"
(b) Employees appointed to a position for vacation, sick leave or other leave of absence
coverage will receive acting pay within the range of the higher classification after two days
· of assignment in the acting position cumulative over the agreement year (May 1 to May 1 ).
Th~ step within the range of the higher classification will be the step at which the employee
would be paid if permanently appointed to that classification.
Out-of-classification provisions do not apply to work assignments performed in connection with
specific predetermined apprenticeship or training programs, or declared conditions of public peril
and/ or disaster.
Section 4. Classification Changes.
(a) During the course ofthis agreement, the Union and affected employees shall be notified
in advance of any contemplated changes in classification description, and such changes shall
be subject to the meet and confer process during the term of this Memorandum of
Agreement. Ifthe Union and the City cannot reach agreement on the appropriate pay level
from a job so reclassified, the classification shall revert to its former status.
Section 5. Job Re-Evaluation.
(a) During those years in which negotiations do not occur due to multi-year agreements, an
employee or his/her representative may request in writing a re-evaluation of his/her job based
on significant changes in job content or significant discrepancies between job content and
classification description. The request must contain justification and may be made only
during the period of December 10 through January 10. A statement by management that a job
re-evaluation request will be submitted with the departmental budget does not relieve an
employee from the responsibility of submitting his/her own request during this period. The
Administrator of Compensation will respond to such requests in a timely manner. If meetings
are held, the employee may request representation. Any changes determined will become
effective the first pay period of the following fiscal year, or the job will be returned to its
previous status.
Section 6. Advance of Vacation Pay. Vacation pay shall be made available in advance of
regular pay day, provided that employee requests such advance in writing to the Finance
Department at least two weeks prior to his/her vacation date. The employee's supervisor must
verify vacation date on the request.
Section 7. Assignment to a Lead Position. All vacancies in lead positions shall be filled in
accordance with Article VI, Section 5. The pay range for the lead position shall be seven percent
above the pay step of the highest paid employee on the crew: Departmental exceptions for filling
lead positions on a rotational basis for training and development purposes may be arranged by
mutual agreement of the Unionand individual City departments. Current exceptions are listed in
Appendix C.
Section 8. Realignments and Survey Data Base
(a) Management and the Union have agreed to a compensation survey .data base structure
which identifies specific benchmark classifications, tie classifications, agencies to be
_surveyed and survey classification matches. The data base is intended to eliminate duplicate
efforts in surveying and attenda,nt data disputes. The survey data base will be updated by
Management and a copy sent to the Union six weeks prior to the expiration of this
agreement. This survey will become the basis for special adjustment proposals in successor
agreement negotiations. By agreeing to a survey data base, neither Union nor Management is
under obligation to propose or agree to special adjustments.
(b) At the request of either party, Management and the Union may periodically review the
data base structure. Application for realignment review must be made no later than December
15 of the year before contract expiration. Such review may include examination of tie
classifications based on salary survey or other objective data.
ARTICLE VIII-HOURS OF WORK, OVERTIME, PREMIUM PAY ·
Section 1. Work Week and Work Day. The standard workday for regular employees shall be
eight hours to be worked within a maximum of nine hours (five-day work week) or ten hours to
be worked within a maximum of eleven (four-day work week) or nine hours to be worked within
a maximum of ten for four days with a fifth day of four hours (four and one-half day work
week); or, within a fourteen-day period, nine hours to be worked within a maximum often hours
for eight days and eight hours to be worked within a maximum of nine hours for one day, with
the work week scheduled to begin so that forty hours are worked within each seven days of the
· with work
The " may not be
used in any working the regular work
week. With the exception ofthe "9/80 plan" as described above, the standard work week shall be
forty hours to be worked within five consecutive days. Additional exceptions to the above are
listed in Appendix D. The Union shall be notified of any further exceptions to this section in
accordance with Article III, Section 8.
During the term of this agreement, employees, subject to the conditions of their job assignment,
may propose an alternate work schedule as listed under this Section. Such proposals must be
made to the department head through the immediate supervisor. Serious consideration will be
given to the feasibility and productivity of such proposals, however Management retains the right
to determine scheduling needs.
Section 2. Overtime Work.
(a) Overtime work for all unit employees shall be defined as any time worked beyond:1jhy.
standard workday or beyond the standard work week. Emergency overtime is definedras~'~
unplanned overtime work arising out of situations involving real or potential loss of ~eryice .,
or property or personal danger. Emergency overtime does not include: ..
(i) overtime work resulting from personnel replacement for purposes of maintaining
scheduled staffing;
(ii) overtime work which is planned in advance;
(iii) overtime work resulting from being held over for up to four hours to finish work
performed during the regular shift.
(b) Compensation to employees working overtime will be in the form of additional pay at the
rate of one and one-halftimes (two times for billable. customer convenience overtime and
emergency overtime as defined in subsection (a) above) the employee's basic hourly salary
with the exception that an employee may request and, upon approval, be granted
compensatory time off at the rate of one and one-half hours for each hour of overtime
worked, subject to the limitations of applicable state and federal laws.
In the event compensatory time off is used as the method of compensating for Overtime, the
time off will be taken prior to the end of the quarter following the quarter in which the
overtime has been worked. In the event the employee is denied this provision, he/she will be
. compensated in pay for such time at the appropriate rate specified by these sections. qr. at the
.. employee's option, the earned compensatory time will be added to the employee's vac~tion
9 balance. ,~~-,~·,"·~· ,·.,: "'··
.. (c) AU time for which pay is received shall count as hours actually worked for the
. computation of regular overtime pay; however, non-productive time will not be included in
computation of any additional FLSA
· . .(d) When an employee
potential loss of service or property or personal danger.
(e) If non-emergency overtime is canceled without at least 40 ~ours notice, the City
shall pay the affeCted employees two (2) hours' pay at time and one-half.
(f) Employees working overtime who are too fatigued to continue or return to work, for
safety reasons will be released from duty without compensation.
Section 3. Work Shifts. All employees shall be assigned to work shifts with scheduled starting
and quitting times. Should conditions necessitate a change in starting and quitting times, the
Union will be notified ten (1 0) working days in advance and permitted to discuss such changes
with the City. This, however, shall not preclude the City's right to effect schedule changes
dictated by operational necessity. This section does not apply to overtime scheduling.
Section 4. City-Paid Meals.
(a) Emergency overtime meals. For purposes of this section, emergency overtime is defined
as overtime arising out of situations involving real or potential loss of service or property or
personal danger. The City will provide meals in the following emergency overtime
situations:
(1) When an employee is called back and is on duty for a period of three consecutive
hours, and thereafter at intervals of five hours, but not more than six hours, until the
continuous overtime assignment ends.
(2) When an employee is held over on duty so that his/her overtime assignment extends
two hours after shift end, and thereafter at intervals of five hours, but not more than six
hours, until the continuous overtime assignment ends.
(3) When an employee is called out two hours or more before a regularly scheduled day
shift and works the regularly scheduled shift, he/she will be entitled to breakfast and
lunch. Lunches will be consumed on employee's own time. No in-lieu pay will be made
for meals not taken. ·
( 4) When recalled two hours or less after the end of a regular shift, unless assigned to
standby.
(b) Non-emergency overtime meals. The City will provide meals for personnel assigned to
non-emergency overtime work where the assignment extends more than two hours after the
regular or overtime shift end and at intervals of five hours thereafter.
(c) With regard to (a) and (b) above, all meals provided shall be comparable substitutes for
the employee's regular meals. Where possible, the City will arrange purchase orders at
mutually agreeable restaurants. The time necessarily taken to consume a meal provided under
this section shall be considered as time worked to a maximum of one hour, except as noted in
(a) (3).
(d) With regard to (a) and (b) above, in the event an employee is to be provided a meal or
meals pursuant to this section and such meal(s) are not provided due to working conditions,
the employee shall have the option of receiving for each meal not provided an additional one
hour of overtime compensation in lieu of such meal. This hour will not be considered as time
worked or of the rest period, but will be applied to qualify for the rest ·
Section 5. Break Periods. All employees shall be granted a break period or coffee break limited
to 15 minutes during each four hours of work. Departments may make reasonable rules
concerning break period scheduling. Break periods not taken shall be waived.
SectiQn 6. Clean-Up Time. All employees whose work causes their person or clothing tq , .:
become soiled shall be provided with reasonable time before lunch and at shift end for wash-up
~~~~~~~Employees performing standby duty shall be compensated at
rates established below:
Monday through Friday
Saturday, Sunday, Holidays
(b) Minimum Call-Out Pay.
Employees not otherwise excluded from receiving overtime pay who are called out to
perform work shall be compensated for at least two hours' pay from the time of the call-out
for each occurrence at the appropriate overtime rate. The two-hour minimum does not
to called out to work while · for · status
=--=-:=-=-=-=:.=.._=-=--=....:.::z:l=.::..=S=h=ifi:.::..t =P-=-r=em=ium. An additional $-k22. -per hour effective with the pay
period including May 1, -l-998 and $-1-.24 hour effective with the ·
including May 1, -l-999
night shift premium shall be paid to employees for work performed between 6:00 p.m. and
a.m. A minimum of two hours must be worked between 6 p.m. and 8:00a.m. to qualify for
the premium. Employees who regularly work night shifts shall receive appropriate rtfght' shift
premiums, relating to night shift hours worked, in addition to base pay for holidays, sick leave
and vacation.
ARTICLE IX-UNIFORMS AND TOOL ALLOWANCES
Section 1. Uniforms.
(a) The City will provide uniforms, coveralls or shop coats on a weekly basis, or as ·
otherwise furnished, for the following jobs and/or classifications:
Animal Control Officer
Assistant Storekeeper
Auto Service Mechanic
Building Service Person -Lead
Building Service Person
Cement Finisher -Lead
Cement Finisher
Chemist
Community Service Officer (Traffic)
Engineering Technician III-Refuse
Equipment Operator
Equipment Operator -Lead
Facilities Carpenter
Facilities Electrician
Facilities Maintenance-Lead
Facilities Mechanic
Facilities Painter
Field Serviceperson
Gang Mower Operator
Gang Mower Mechanic
Gas System Shop/Field Repairer
Golf Course Equipment Mechanic
Golf Course Maintenance Person
Greenskeeper
Heavy Equipment Operator -Lead
Heavy Equipment Operator
Industrial Waste Inspector
Industrial Waste Investigator
Instrumentation Electrician
Laboratory Technician, Water Quality Control
Mail Services Specialist
Maintenance Mechanic, Water Quality Control
Mechanical Unit Repairer
Meter Reader
Meter Reader -Lead
Motor Equipment Mechanic -Lead
Motor Equipment Mechanic
Offset Equipment Operator -Lead
Offset Equipment Operator
Park Maintenance Assistant
Parking Enforcement Officer
Park Maintenance Person
Park Crew -Lead
Park Maintenance -Lead
Park Ranger
Parks & Open Space Assistant
Refuse Disposal Attendant
Senior Chemist
Senior Industrial Waste Inspector
Senior Instrumentation Technician
Senior Operator, Water Quality Control
Senior Mechanic, Water Quality Control
Senior Park Ranger
Sprinkler System Repairer
Street Maintenance Assistant
Storekeeper
Street Sweeper Operator
Street Sweeper Operator -Lead
Traffic Control Maintainer -Lead
Traffic Control Maintainer II
Traffic Control Maintainer I
Tree Trimmer-Line Clearer
Tree Maintenance Assistant
Tree Trimmer-Line Clearer Assistant
Tree Trimmer-Line Clearer -Lead
Tree Maintenance Person
Truck Driver
Utility Field Service. Representative
Utility Installer/Repairer
Utility Installer/Repairer Assistant
Utility Installer/Repairer-Lead
Water Meter Repairer
Water Meter Repairer Assistant
Water Transmission Operator-Lead
Water Transmission Operator
Water Quality Control Plant Operator
(b) Coveralls will be made available for occasional use as needed to protect clothing for the
following classifications:
Building Inspector
Building Inspector Specialist
Building Service Person -Lead
Cable Splicer Assistant
Chief Electric Underground Inspector
Electrical Assistant
Electrician
Facilities Mechanic/Painter
Gang Mower Mechanic
Gang Mower Operator
Heavy Equipment Operator
Lineperson/Cable Splicer
Park Ranger
Senior Park Ranger
Utility Field Service Representative
Sprinkler System Repairer
Utility Installer Assistant
Utility Installer/Repairer
Utility Installer/Repairer -Lead
(c) Employees required to wear uniforms shall be provided suitable change rooms and
lockers where presently provided.
(d) Employee clothing seriously damaged or destroyed in conjunction with an industrial
injury will be reasonably replaced by the City. Any other claims alleging City liability may
be filed with the City Attorney.
(e) The City will make available, as an alternative to the orange shirts currently provided
under Section 1(a), six (6) orange cotton polo shirts. Employees will be responsible for
laundering the shirts. Damaged or otherwise unwearable shirts will be replaced by the City.
(f) Employees are responsible for laundering Park Ranger and Senior Park Ranger uniforms.
Section 2. Tool Allowance.
(a) Mechanics in Equipment Maintenance shall be paid an annual toolallowance of~
., effective with the pay period including May 1, -1-99& Ill~ effective
with the pay period including May 1, -l-9-9-9-IIJ; and effective pay
period including May 1, ;woo IJI. ·
(b) All tool allowances shall be paid bi-weekly.
Section 3. Safety Shoe Allowance. The City shall reimburse employees 75 percent of the cost of
job-related safety shoes upon verification of such the
Section 4. Certifications.
Employees may use paid leave for attendance at scheduled medical examinations.
(b I) The City will pay special registration and/or certification fees which are required by
Management. During the term of this agreement, the City and the Union may, by mutual
agreement, review, add or delete classifications and/or required certifications listed below:
Plant Oper Trainee
Prevention Tester Cert.
(e I) The City will pay for the Department of Motor Vehicles (DMV) licensing fees for
all employees required to maintain a Commercial Driver's License in accordance with the
California Vehicle Code and applicable laws prescribed by the Department of
Transportation.
Section 5. Weather Protection
The City will provide rainy weather foot protection and one summer hat for the classification of
Parking Enforcement Officer.
ARTICLE X-HOLIDAYS
Section 1. Fixed Holidays. Except as otherwise provided, employees within the representation
unit shall have the following fixed holidays with pay:
January 1 ·
Third Monday in January (Martin Luther King Day)
Third Monday in February
Last Monday in May
July 4
First Moriday in September
Second Monday in October
Veterans' Day, November 11
Thanksgiving Day
Day after Thanksgiving
December25
Either December 24 or December 31 (see below)
Employees shall be excused with pay for the full work shift on either December 24 or December
31, provided, however, that City facilities remain oprn with reduced staffing levels, that
Management retains the right to determine work schedules, and that neither day be considered a
holiday for purposes of premium pay. If employees are not excused pursuant to this provision,
one shift of vacation credit will be addedto their vacation accrual.
In the event that any of the aforementioned days, except for December 24or December 31, falls
on a Sunday, the following Monday shall be considered a holiday. In the event that any ofthe
aforementioned days falls on a Saturday, the preceding Friday shall be considered a holiday. If
December 24 and 31 falls on Sunday, then the preceding Friday will be designated for purposes
of the holiday. Exceptions to this provision are listed in Appendix E.
Section 2. Pay for Fixed Holidays.
(a) All employees shall be paid a full day's pay at their regular straight time base hourly rate
for all fixed holidays as defined herein. 1
(b) An employee must be in a pay status on the workday preceding the holiday to be eligible
to be compensated for a holiday. This subsection does not apply to an employee who is on an
unpaid medical leave of absence of less than five ( 5) days.
Section 3. Work on Fixed Holidays. Any employee required to work on a fixed holiday shall be
paid time and one-half for such work in addition to his or her regular holiday pay. Work on a
fixed holiday beyond the number of hours in a regular shift shall be compensated at double time
and one-half.
Section 4. Variations in Work Week.
(a) An employee whose work schedule requires that his or her regular days offbe other than
Saturday and/or Sunday shall have an additional day off scheduled by the department in the
' ·'
event a fixed holiday falls during his or her regularly scheduled day off. Every attempt will
be made to schedule the day on a mutually agreeable basis. If the day cannot be so scheqw,led,
the employee shall be paid for the day at the straight time base rate.
(b) Fixed holidays which fall during a vacation period or when an employee is absent '., :·
because of illness shall not be charged against the employee's vacation or sick leave balance.
Section 5. Floating Days Off. Floating days off with pay will be scheduled by Management as
follows so as to produce three-day weekends:
.:\,
The f<;>llowing conditions will hold:
(a);Management will designate the scheduling of the paid day off under this section at least
thirty days in advance.
(b) If in conformance with this section, Management is. unable to schedule a day off in the
month indicated, for reasons of shift operations, work scheduling or any other reason, the day
will be added to the employee's vacation accrual.
( c )If an employee fails to take a day off as scheduled by Management under this section, the
day off so scheduled will be forfeited.
ARTICLE XI-VACATIONS
Section 1. Each employee shall be entitled to an annual paid vacation, accrued as follows:
(a) Less than four ( 4) years' continuous service: 80 hours vacation per year.
(b) Four (4) years' continuous service through eight (8) years' continuous service: 120 hours
vacation per year.
(c) Nine (9) years' continuous service through thirteen (13) years' continuous service: 160
hours vacation per year.
(d) Fourteen (14) years' continuous service through eighteen (18) years' continuous service:
180 hours vacation leave per year.
(e) Nineteen or more years.: 200 hours vacation leave per year.
Employees may accrue up to three times their annual vacation leave without loss of vacation
days. In the event the City is unable to schedule vacation and, as a result thereof, the employee is
subject to loss of accrued vacation, the City shall extend the vacation accrual limit up to one
year, in which time the excess vacation must be scheduled and taken. As long as there is no
interference with departmental operations, there shall be no unreasonable restriction of
increments of use. Employees shall complete six (6) months' continuous service before using
· accrued vacation leave.
Section 2. Holiday Falling During Vacation. In the event a fixed holiday as defined in Article
X falls within an employee's vacation period, which would have excused the employee from
work (and for which no other compensation is made), an additional workday for such holiday
shall be added to the vacation leave.
Section 3. Illness During Vacation. When an employee becomes ill while on vacation and such
illness can be supported by a statement from an accredited physician or the employee is
hospitalized for any period, the employee shall have the period of illness charged against sick
leave and not against vacation leave.
Section 4. Accrued Vacation Pay for Deceased Employees, An employee who is eligible for
vacation leave and who dies while in the municipal service shall have the amount of any accrued
vacation paid to his/her estate within thirty days. This proration will be computed at his/her last
basic rate of pay.
Section 5. Effect of Extended Military Leave. An employee who interrupts service because of
extended military leave shall be compensated for accrued vacation at the time the leave becomes
effective.
Section 6. Vacation at Termination. Employees leaving the municipal service with accrued
vacation leave shall be paid the amounts of accrued vacation to the date of termination.
ARTICLE XII -LEAVE PROVISIONS
Section 1. Sick Leave.
{a) The City shall provide each employee with paid sick leave, earned on a daily basis and
computed at the rate of 96 hours per year, with no limits on amounts that may be
accumulated, except that for employees hired after July 1, 1983, sick leave accrual
accumulation shall be limited to 1,000 hours and subsections (a)(l) B (a)(2), and (a)(3)
shall not apply. Payment for accumulated sick leave at termination shall be made only in the
following circumstances:
(1) Eligible employees who leave the municipal service or who die while employed and
who have fifteen or more years of continuous service shall receive compensation for
unused sick leave hours in a sum equal to two and one-half percent of their unused sick
leave hours multiplied by their years of continuous service and their base hourly rate of
pay at termination.
(2) Full sick leave accrual will be paid in the event oftermination due to disability.
(b) Use of Sick Leave. Sick leave shall be allowed and used in cases of actual personal
sickness or disability, medical or dental treatment, or as authorized for personal business. Up
to five days sick leave per year may be used for illness in the immediate family, including
registered domestic partner. A new employee may, if necessary, use up to forty-eight (48)
hours of sick leave at any time during the first six months of employment. Any negative
balances generated by such utilization will be charged against future accrual or deducted
from final paycheck in the event of termination. , , ;,~,
(c) An employee who has been disabled for 60 consecutive days and who is otherwise ,_.
eligible both for payment under the long-term disability group insurance coverage and · , ;;
accrued sick leave benefits may, at his/her option, choose either to receive the long-term
disability benefits or to utilize the remained of his/her accrued sick leave prior to applying for
long-term disability benefits.,
(d) Sick leave will not be granted for illness occurring during any leave of absence unless the
employee can demonstrate that it was necessary to come under the care of a doctor while on
such other leave of absence.
(e) Return to Work With Limited Duty. Upon approval of department management and the
City Risk Manager, an employee may return to work for doctor-approved limited duty.
Approval for return to work shall be based upon department ability to provide work
consistent with medical limitations, the location of the work assignment, and the length of
time of the limitations. The City doctor may be consulted in determining work limitations.
Section 2. Bereavement Leave. Leave of absence with pay of three days may be granted an
employee by the head of his or her department in the event of death in the employee's immediate
family, which is defined for the purposes of this section as wife, husband, son, son-in-law,
daughter, daughter-in-law, mother, mother-in-law, father, father-in-law, brother, brother7~n-law,
siste.r,:~ister-in-law, grandmother, grandmother-in-law, grandfather, grandfather-in-law, qynt,
uncle;;registered domestic partner, or a close relative residing in the household of the emP,loye~.
Such leave shall be at full pay and shall not be charged against the employee's accrued va~atiPQ.
or sic~ leave. Request for leave with pay in excess ofthree (3) days shall be subject to the written
approval of the City Manager. Approval of additional leave will be based on the circumstances
of each request with consideration given to the employee's need for additional time.
SectiQ'n 3. Military Leave. The provisions of the Military and Veterans' Code of the State of
California shall govern the granting of military leaves of absence and the rights of employees
returning from such leaves.
Section 4. Leave Without Pay.
(a) Disability. Leaves of absence without pay may be granted in cases of disability not
covered by sick leave. Pregnancy will be considered as any other disability. Leaves of
absence for disability are subject to physicians' verification including diagnosis and medical
work restriction.
(b) Family Leave. Family leave will be granted in accordance with applicable state and
federal law.
(c) Other Leaves. Leaves of absence without pay may be granted in cases of personal
emergency, or when such absences would not be contrary to the best interest of the City.
Non-disability prenatal leave is available under this provision, but such leave shall not begin
more than six months prenatal nor extend more than six months postpartum.
During unpaid leaves of absence for disability or other reasons, the employee may elect to use
accrued vacation credits. Requests for leaves without pay shall not be unreasonably denied. In
order to avoid misunderstandings, all leaves without pay must be in writing to be effective.
Section 5. Jury Duty and Subpoenas. Employees required to report for jury duty or to answer
subpoenas as a witness in behalf of the State of California or any of its agencies shall be granted
a leave of absence with pay from their assigned duties until released by the court, provided the
employee remits to the City all fees received from such duties other than mileage or subsistence
allowances within thirty (30) days from the termination of jury service.
When an employee returns to complete a regular shift following time served on jury duty or as a
witness, such time falling within the work shift shall be considered as tirrie worked for purposes
of shift completion and overtime computation. In determining whether or not an employee shall
return to his or her regular shift following performance of the duties, reasonable consideration
shall be given to such factors as travel time and a period of rest.
When a combination of City work time and jury duty equals 14 or more hours in the 24-hour
period immediately prior to the employee's shift starting time, the employee will be allowed a
rest period of eight fWI hours. Any portion of the rest period falling within the employee's work
shift will be considered as hours worked and compensated at the straight time rate. This
provision does not apply to conditions of bona fide emergency. Bona fide emergency conditions
are conditions involving real or potential loss of service or property or personal danger.
Section 6. Time Off to Vote. Time off with pay to vote in any general or direct primary election
shall be granted as provided in the State of California Elections Code, and notice that an
employee desires such time off shall be given in accordance with the provisions of said Code.
Section 7. In case of disapproval of extension, revocation or cancellation of an existing leave of
absence, notice shall be sent by certified mail, return receipt requested, to the employee stating
the date of such action, the reason and a specific date to return to work, which is not less than
five working days from date indicated on return receipt.
Section 8. Personal Business Leave Chargeable to Sick Leave. All employees shall be granted
up to twenty (20) hours personal business leave per calendar year, chargeable to sick leave. The
employee need not disclose the reason for-the personal business. The scheduling of such leave is
subject to the approval of the appropriate level of Management, and such approval shall not
unreasonably be denied.
Section 9. The department shall make every effort to ensure that employees resuming work
following a leave pursuant to Sections 1-l W shall be returned to the assignment, shift, and/or
work location held immediately prior to the leave. Ifthe employee cannot be so assigned, he or
she shall, upon request, be granted a meeting with department management to discuss the reasons
for the change. Upon request, the employee shall be afforded Union representation at such a
meeting.
ARTICLE XIII-WORKERS' COMPENSATION INSURANCE
Section 1. Industrial Temporary Disability.
(a) While temporarily disabled, employees shall be entitled to use accrued sick leave for the
first three (3) days following the date of injury and thereafter shall be paid full base salary for
a period of not to exceed fifty-seven (57) calendar days, unless hospitalized, in which case
employees shall be paid full base salary for a period not to exceed sixty (60) days from date
of injury.
(b) For any temporary disability continuing beyond the time limits set forth in (a) above,
employees shall be paid two-thirds (66 2/3%) of their full base salary at the time of injury for
the duration of such temporary disability in conformance with the State law.
(c) During the period of temporary disability, an employee's eligibility for health, dental, life,
LTD, or other insured program will continue with City contributions at the same rate as for
active employees. In case of Subsection (a) above, the employee will continue to accrue
vacation and sick leave benefits. In the case of Subsection (b), sick leave and vacation
benefits shall not be accrued.
Section 2. Vocational Rehabilitation for Permanently Disabled Employees. :,~j~: ,
Vocational Rehabilitation will be made available to employees who have suffered permap,¢nt ';
disability as a result of an injury or illness sustained in the course and scope of employment. ,
Vocational Rehabilitation shall be administered in accordance with the California Labor Code,
Division 4.7, Retraining and Rehabilitation, Sections 6200 through 6208, the Americans with
Disabilities Act (ADA), and the City of Palo Alto's Worker's Compensation Program.
Section 1. Health Plan.
(a} Active Employees
ARTICLE XIV-BENEFIT PROGRAMS
During the term of this Memorandum of Agreement, the City will pay the entire monthly
premium contributions for employees and dependents eligible for the employee-selected .
PEMHCA optional plan. Both parties acknowledge that in future years the City contribution
for PEMHCA premiums may be an issue.
(b) Retired Employees
Monthly City-paid premium contributions for a retiree-selected PEMHCA optional plan will
. be made as provided under the Public Employees' Medical and Hospital Care Act.
.. July 1, 1996, active employee domestic partners who meet the requirements of the
City of Palo Alto Declaration of Domestic Partnership, and are registered with the Human
Resources Department, will be eligible for reimbursement of the actual monthly premium
cost of an individual health plan, not to exceed the avsrags -{-monthly premium cost .
of individual coverage under the PEMHCA health plans. Evidence of premium payment will
be required with request for reimbursement.
(a) The City shall pay·all premium payments on behalf of employees, and all dependents of
employees who are eligible for coverage under the City's self-funded dental program.
Effective July 1, 1996, dependents will include domestic partners, as defined under Section 1
(c).
(b) During the term of the agreement, the City and the Union will work togetherto review
benefit provisions ofthe City's self-funded dental program. The purpose of this review is to
~i ·. '
contain benefit cost increases. Joint recommendations will be prepared for discussion during
"'"''""'''" negotiations.
Section 3. a City employee is married to another City employee each shall be considered
as an employee for purposes of health and dental coverage, provided however that neither shall
be covered as a dependent ofthe other, and dependent children, if any, shall be covered by only
one spouse.
Section 4. Effective July 1, 1987, the provision referred to as the "birthday rule" shall be added
to the "Effect on Benefits" sections of the City Employees' Health Plan and City Employees'
Dental Plan. The "birthday rule" provides that when two plans cover an individual as a
dependent, that Plan shall be Primary which covers the individual as a dependent of a person
whose date of birth, excluding year of birth, occurs earlier in a calendar year. If the other Plan
does have a Coordination of Benefits Provision, but does not have this provision regarding date
ofbirth, the provision of the other Plan will determine.
Section 5. Basic Life Insurance. The City agrees to continue the basic life insurance plan as
currently in effect for the term of this Memorandum of Agreement.
Section 6. Vision Care. Effective beginning July 1, 1989, the City will offer vision care
coverage for employees and dependents. Coverage is equivalent to $20 Deductible Plan A under
the Vision Service Plan with monthly premiums paid by the employer. Effective July 1, 1996,
dependents will include domestic partners, as defined under Section 1 (c).
Section 7. Deferred· Compensation. The City shall make available the necessary payroll
deduction and other procedures to provide a deferred compensation plan.
Section 8. Long Term Disability Insurance. The City shall continue the long term disability
insurance plan currently in effect for the term of this Memorandum of Agreement, with an
increase in the maximum benefit level under Plan A to $4,000, effective July 1, 1991.
For Plan A, employee coverage is subject to a voluntary payroll deduction ofthe insurance
premium applicable to the first $6,000 of monthly salary, less a credit of$11.17 per month to be
paid by the City.
For Plan B, the maximum benefit level is $1800 per month. Employee coverage is subject to a
voluntary payroll deduction of the insurance premium applicable to the first $2000 of monthly
salary for Plan B. The City will pay premiums in excess thereof.
The City will pay up to $17.50 per month toward long term disability insurance premiums for
those employees without eligible dependents covered under the health insurance provisions.
Section 9. Utility Discount. Eligibility for utility discount for employees with employment dates
beginning after April 1, 1977, will be discontinued.
Sedion 10. State Disability Insurance Study. Parties agree during the term of the
Memorandum of Agreement to jointly study the possibility of offering State Disability Insurance . .
Section 11. Dependent Program.
Assistance Program for employees according to the provisions of the Federal Economic
Recovery Act of 1981, Code Sections 125 and 129. The program will begin on January 1,1988.
Program details will be developed and reviewed with the Union prior to the implementatipn ~ate.
Section 12. Tuition Reimbursement and Training Programs. ,';;:·:;,
(a) City will reimburse expenses for tuition, books and curriculum fees incurred by non~_,:
probationary employees within the representation unit, to a maximum of $1,000 per fi~cal
year, for classes given by accredited institutions of learning or approved specialized training
groups. The City will also reimburse professional association memberships and confeience
registration fees, professional books and periodicals.
For purposes of this subsection, tuition does not include costs for equipment or tools (except
for computer hardware and software), if the employee may keep such items at the end of the
course.
Purchase of job-related computer software and hardware,
per fiscal year may charged
reimbursement benefit.
The non-probationary requirement will be waived for probationary employees when
submitting reimbursement for job-required certifications.
All programs eligible under this section must either contribute to the employee's job
performance or prepare the employee for other City positions, and must be approved in
adyance. City employees wishing to engage in educational programs involving worki~g time
m~y be granted rescheduled time if departmental operations permit. , , .
(b) Professional and technical employees assigned by the City to attend meetings, wo:t;~~}?.ops,
or~conventions of their professional or technical associations shall have their dues and ·
reasonable expenses paid by departmental funds and shall be allowed to attend such
workshops, meetings, and conventions on paid City time.
(c) Requests for tuition reimbursement will be determined to be taxable income unless
sufficient documentation is provided to support how the course or seminar is related to
improving performance in the employee's current position. Reimbursement requests may be
submitted at any time, but will be batch processed on a quarterly basis.
ARTICLE XV-RETIREMENT
Section 1. The City will continue the present benefits under the Public Employees' Retirement
System 1/50th at age 60 formula act. Employees who retire and were employed by the City on or
before April 1, 1977, and spouses of deceased employees who were employed by the City on or
before April 1, 1977, shall continue reductions in utility rates. All retired employees and spouses
of deceased employees shall also have residential privileges at City libraries, refuse disposal
area, golf course and swimming pools.
Section 2. Effective with the pay period including May 1, 1984, the City will pay the 7%
employee's retirement contribution to the Public Employees' Retirement System (PERS) except
that, subject to the limitation of applicable law/or income tax regulations, employees who file
signed Personnel Action Forms with the City Human Resources Department prior to April1,
1984, indicating retirement dates from May 1, 1984 through April30, 1985, shall not receive this
provision but shall instead receive a 5.6% pay increase effective with the pay period including
May 1, 1984. The City Attorney shall make all legal determinations relating to this exception.
For purposes of negotiation hereafter, the payment by the City of the employee's contribution
shall be deemed 7% adjustment in salary for the year May 1, 1984 through April30, 1985.
(a) The employee must have at least 20 yea-rs of City service as of the date of
retirement, or for employees hired prior to May 1, 1989, must attain at least the age
of 55 at the date of retirement, or qualify for the maximum PERS benefit factor.
(b) Twelve months prior to retirement the employee must give notice to the City for a
retirement date certain.
(c) During the 12 month conversion period, the employee shall pay PERS employee
contributions. "
(d) A.ll provisions of this subsection a-re subject to and conditioned upon compliance
with IRS regulations.
Seetion 4. In order to continue after June 30, 1994, the provisions of Section 3 of this article, as
soon as possible following ratification of this agreement, the City will contract with PERS to
provide "Reporting the Value of Employer Paid Member Contributions as Compensation in
Employees' Final Compensation Period by Contract Amendment (Government Code Section
20615.5).
Section ~ 4. The City will amend its contract with the Public Employees' Retirement System to
provide for section 21354, 2%@ 55, Full, Supplemental or Modified Formula for Local
Miscellaneous Members, to be effective January 1, 1999.
ARTICLE XVI-COMMUTE INCENTIVES AND PARKING
Section 1. Commute Incentive. Effective on or before August 1, 1994, represented employees
who qualify may voluntarily elect one of the following commute incentives:
Civic Center Parking. Employees assigned to Civic Center and adjacent work locations.
The City will provide a Civic Center Garage parking permit. New employees hired after
April30, 1994 may initially receive a parking permit for another downtown lot, subject to the
availability of space at the Civic Center Garage. ·
Public Transit. The City will provide monthly Commuter Checks worth the value of: $JG.
These vouchers may be used toward the. purchase of a monthly transit pass.
Carpool. The City will provide carpool vouchers worth the value of$2f!O per month to each
eligible employee in a carpool with two or more people. These vouchers may be usecl~{lt
designated service stations toward the purchase of fuel and other vehicle-related ext,enses
value of $20 per month to eligible
employees who ride a bicycle to work. These vouchers may be used at designated bicycle
shops for related bicycle equipment and expenses.
Walk. The City will provide walker vouchers worth the value of $20 per month to eligible
employees who walk to work. These vouchers may be used at designated stores for expenses
related to walking such as footwear and related accessories.
Section 2. Parking Lot Security -Municipal Service Center. The City will provide fenced and
locked parking facilities for Municipal Service Center employees. Procedures will be established
for entering and leaving the parking facilities.
Section 3. The City will provide bicycle lockers and motorcycle parking areas for City
employees at mutually agreeable work locations.
;, ARTICLE XVII~ PHYSICAL EXAMINATIONS r
If any non-probationary employee who is required to have a City-provided physical exam;ination
not related to workers' compensation programs disagrees with the findings of the City-sp<Imsored
physician, he/she may consult with his/her own physician and, if his/her private physician's
report conflicts with that of the City physician in terms of ability to work at his/her regular job,
then h~/she may request an evaluation of his/her problem through a third physician mutually
agreed upon by the employee and the City. Cost for such examination will be equally shared and
the d~wision of this physician concerning the continuing ability of the employee to perform
his/her work in his/her regular job without exposing himself/herself to further injury as a result
of his/her condition shall be the basis for returning the employee to his/her regular work.
ARTICLE XVIII -SAFETY
Section 1. Health and Safety Provisions. The City shall furnish and use safety devices and
safeguards and shall adopt use practices, means, methods, operations and processes which are
reasonably adequate to render such employment and place of employment safe, in conformance
with applicable safety regulations under the State Labor and Administrative Code sections.
The City shall not require or permit any employee to go to or be in any employment or place of
employment which is not safe.
Section 2. Union will cooperate with the City by encouraging all employees to perform their
work in a safe manner. ,
Section 3. Safety Committees and Disputes. Safety committees composed of Management and
Union stewards in the below listed organizations will meet no less than ten times annually to
discuss safety practices, methods of reducing hazards, and to conduct safety training. This shall
in no way remove the basic responsibility of safety from Management nor shall it in any way
alter the responsibility of the employee to report unsafe conditions directly and immediately to
his or her supervisor.
', ...
Community Services
Public Works
Water-Gas-Wastewater Field Operations
Electric Field Operations
Water Quality Control
(a) A committee composed of one facilities Management representative, one building
inspection representative, two Union representatives, and the City Risk Manager will meet at
least quarterly concerning safety matters of the Civic Center.
(b) A ten-member Citywide Union/Management safety committee with equal Union and
Management membership will meet upon call to review safety and occupational health
standards and practices, discuss overall City safety and health problems, and to act as an
advisory group to the departmental safety committees. The committee shall review alL
departmental safety programs and recommend change where necessary.
(c) In cases of dispute over safe working conditions the employee will first report such
unsafe conditions to his or her supervisor and every attempt will be made to rectify the
problem at thi~ level. The employee may contact his or her steward to assist in the resolution
of the dispute. If the problem cannot be resolved the Risk Manager will be contacted and the
problem will be addressed through the interpretation of the basic safety rules· and regulations.
Should the problem not be resolved at this step, the grievance procedure will be utilized.
Safety grievances shall be submitted at Step III.
(d) In response to recommendations from the Ergonomics Safety Committee, management
will develop training workshops which include information on safe ergonomic work
practices. Such workshops will be given at least two times per year. Upon release of
Cal/OSHA regulations covering safe workplace ergonomic standards, management will
immediately adopt such standards as party of its Injury Prevention Pn;>gram.
ARTICLE XIX-GRIEVANCE PROCEDURE
Section 1. The City and the Union recognize that early settlement of grievances is essential to
sound employee-employer relations. The parties seek to establish a mutually satisfactory method
for the settlement of employee grievances, or Union grievances as provided for below. In
presenting a grievance, the aggrieved and/or his or her representative is assured freedom from
restraint, interference, coercion, discrimination or reprisal. Release time for investigation and
processing a grievance is designated in Article IV of this Memorandum of Agreement.
Section 2. Definition. A grievance is:
(a) An unresolved complaint or dispute regarding the application or interpretation of rules,
regulations, policies, procedures, Memorandum of Agreement or City ordinances of
resolution, relating to terms or conditions of employment, wages or fringe benefits.
(b) An appeal from a disciplinary action of any kind against an employee covered by this
Memorandum of Agreement.
Section 3. Conduct of Grievance Procedure.
(a) An aggrieved employee may be represented by the Union or may represent
himself/herself in preparing and presenting a grievance at any level of review. Grievances
may also be presented by a group of employees. No grievance settlement may be made in
violation of an existing merit rule or memorandum of agreement. The Union will be notified
prior to the implementation of any settlement made which affects the rights or conditions of
other employees represented by the Union. The Union will be copied on all written
representation unit grievance decisions. . f (b) An employee and the representative steward, if any, may use a reasonable amount, of.
work time so long as there is no disruption of work, in conferring about and presenti:qg a
grievance. Beginning with the third step of the grievance procedure, the Chief Steward or
Alternate Chief Steward may assist in presenting a grievance and may be present at all Step
III, IV, and V grievance hearings. .·
(c) The time limits specified in this Article may be extended by mutual agreement in writing
of the aggrieved employee or the Union and the reviewer concerned.
(d) Should a decision not be rendered within a stipulated time limit, the aggrieved employee
may immediately appeal to the next step.
(e) The grievance may be considered settled if the decision of any step is not appealed within
the specified time limit.
(f) If appropriate, the aggrieved employee(s) or the Union and the department head may
mutually agree to waive Step I and/or Step II of the grievance procedure.
(g) Written grievances shall be submitted on forms provided by the City or on forms which
are mutually agreeable to the City and the Union.
(h) Any retroactivity on monetary grievances shall be limited to the date of occurrence,
except in no case will retroactivity be granted prior to three months before the grievance was
filed in writing. '" .
(i)Ifthe grievance is filed by more than one employee in the bargaining unit, the Unipn'r;may,
at1its option, convert it to a Union grievance after Step II of the grievance procedure.:;~h~
UJ1ion may also file a grievance in those instances when, under this Memorandum of,
Agreement, a Union right not directly related to an individual employee becomes the subject
of dispute. Union grievances shall comply with all of the foregoing provisions and
procedures.
Section 4. Grievance Procedure.
Step I. The aggrieved employee will first attempt to resolve the grievance through informal
discussions with his or her immediate supervisor by the end of the tenth working day following
the discovery of or the incident upon which the grievance is based. Every attempt will be made
to settle the issue at this level. (Note: For purposes of time limits, the working days are
considered to be Monday through Friday, exclusive of City holidays.)
Step II. If the grievance is not resolved through the informal discussion, the employee will
reduce the grievance to writing and submit copies to the division head or equivalent level
Management employee as designated by Management as appropriate within ten working days of
the discussion with the immediate supervisor.
The division head or equivalent level Management employee shall have ten working days from
the receipt of a written grievance to review the matter and prepare a written statement.
Step III. If the grievance is not resolved at Step II, the aggrieved employee may appeal to his or
her department head in writing within ten working days ofthe receipt of the division head's
response.
The department head shall have ten working days from the receipt of a written grievance to
review the matter and convey his or her decision by written statement.
Step IV. If the grievance is not resolved at Step III, the aggrieved employee may appeal to an
Adjustment Board. Appeals to the Adjustment Board shall be made in writing and directed to the
Human Resources Director within ten working days of receipt of the department head's response.
The Human Resources Director shall convene an Adjustment Board within ten working days of
receipt of the appeal. The Adjustment Board shall consist of two persons appointed by the Union
and two persons appointed by the City Manager.
The Adjustment Board is empowered to call City employees as witnesses.
Within the context of Step IV, the Adjustment Board will have the same powers and limitations
to settle grievances as an arbitrator.
A majority decision of the Adjustment Board shall be final and binding. The Adjustment Board
shall render its findings and decision (if any) to the parties within ten working days of its
meeting.
Step V. If the grievance is not resolved at Step IV, the aggrieved employee may choose between
final and binding resolution of the grievances through appeal to the City Manager or through
appeal to final and binding grievance arbitration. For the term of this Memorandum of
Agreement, appeals to final and binding grievance arbitration may be processed only with Union
approval. All Step V appeals must be filed in writing at the Human Resources Department Office
within ten working days of receipt of Adjustment Board's disposition under Step IV.
Ifthe aggrieved employee elects final and binding resolution by the City Manager, the City
Manager will choose the methods he or she considers appropriate to review and settle the
grievance. The City Manager shall render a written decision to all parties directly involved
within ten working days after receiving the employee's appeal.
If the aggrieved employee elects final and binding arbitration in accordance with this provision,
the parties shall mutually select an arbitrator. In the event the parties cannot agree on an
arbitrator, they shall mutually request a panel of five arbitrators from the California State
Conciliation Service or from the American Arbitration Association if either party objects to the
State Conciliation Service, and select an arbitrator by the alternate strike method.
The arbitrator shall have jurisdiction and authority only to interpret, apply, or determine
compliance with the provisions of this Memorandum of Agreement and such Merit System
Rules, regulations, policies, procedures, City ordinances, resolutions relating to terms or
conditions of employment, wages or fringe benefits, as may hereafter be in effect in the City
insofar as may be necessary to the determination of grievances appealed to the arbitrator. The
arbitrator shall be without power to make any decision:
( 1) Regarding matters of interest.
(2) Contrary to, or inconsistent with or modifying in any way, the terms of this Memorandum
of Agreement.
(3) Granting any wage increases or decreases.
The arbitrator shall be without authority to require the City to delegate or relinquish any powers
which by State law or City Charter the City cannot delegate or relinquish. Where either party
seeks arbitration and the other party claims the matter is not subject to the arbitration provisions
of this Memorandum of Agreement, the issue of arbitrability shall first be decided by the
arbitrator using the standards and criteria set forth in Article XX and without regard to the merits
of the grievance. If the issue is held to be arbitrable, the arbitration proceedings will be recessed
for up to five working days during which the parties shall attempt to resolve the grievance. If no
resolution is reached, the arbitrator will resume the hearing and hear and resolve the issue on the
merits.
Copies of the arbitrator's decision shall be submitted to the City, the aggrieved employee and the
Union. All direct costs emanating from the arbitration procedure shall be shared equally by the
City and the aggrieved employee or the Union.
ARTICLE XX-UNSATISFACTORY WORK OR CONDUCT
AND DISCIPLINARY ACTION ,.~
The City has the right to discipline, demote, or discharge employees for cause. ~,
Non-probationary employees whose work or conduct is unsatisfactory but not sufficiently;
deficient to warrant discipline, demotion, or discharge will be given a written notification; of
unsatisfactory work or conduct and an opportunity to improve. Failure to correct defi~iencies and
improve to meet standards may result in discipline, demotion, or discharge.
Notice of disciplinary action must be in writing and served on the employee in person or by
registered mail prior to the disciplinary action becoming effective. However, in extreme .
situations where there is reasonable cause, the employee may be removed from pay status
immediately pending such disciplinary action. The notice must be filed on a timely basis with the
Human Resources Department and included in the employee's personnel file. The notice of
disciplinary action shall include:
(a) Statement of the nature ofthe disciplinary action;
(b) Effective date of the action;
(c) Statement of the cause thereof;
(d) Statement in ordinary and concise language of the act or the omissions upon which the
causes are based;
( e).Copies of any documents or other items of evidence upon which the disciplinary ~ption
was fully or in part based. ·~
(±)'Statement advising the employee of his/her right to appeal from such action, and the right
to.Union representation.
If the .~isciplinary action consists of suspension, any suspension time previously given shall be
credit~d to the final disciplinary action.
ARTICLE XXI-NO ABROGATION OF RIGHTS
The parties acknowledge that Management rights as indicated in Section 1207D of the Merit
System Rules and Regulations and all applicable State laws are neither abrogated nor made
subject to negotiation by adoption of this Memorandum of Agreement.
ARTICLE XXII-OUTSIDE EMPLOYMENT
The provisions of Article 4.7 ofthe Government Code ofthe State of California will govern the
determination of incompatible outside employment.
ARTICLE XXIII-WORK STOPPAGE AND LOCKOUTS
The City agrees that it will not lock out employees, and the Union agrees that it will not engage
in any concerted work stoppage or slowdown during the term of this Memorandum of
Agreement. An employee shall not have the right to recognize the picket line of a labor
organization when performing duties of an emergency nature.
ARTICLE XXIV-PROVISIONS OF THE LAW
Section 1. This Memorandum of Agreement is subject to all current and future applicable
Federal and State laws and Federal and State regulations and the Charter ofthe City of Palo Alto
and the Constitution of the State of California.
Should any of the provisions herein contained be rendered or declared invalid by reason of any
existing State or F ederallegislation, such invalidation of such part or portion of this
Memorandum of Agreement shall not invalidate the remaining portions hereof, and they shall
remain in full force and effect, insofar as such remaining portions are severable.
Section 2. This Memorandum of Agreement shall become a part of the City of Palo Alto Merit
Rules and Regulations applying to employees assigned to classifications in the SEIU unit. As
applied to employees assigned to the SEIU unit, this Memorandum of Agreement shall prevail
over any conflicting Merit Rules and Regulations. ·
Section 3. The City and the Union agree by signing this Memorandum of Agreement that the
wages, hours, rights and working conditions contained herein shall be continued in full force
during the term of this Memorandum of Agreement except as otherwise provided for in the
Memorandum of Agreement and shall be binding on both the City and the Union upon
ratification by the Council of the City of Palo Alto and upon ratification by Union membership.
ARTICLE XXV-COST REDUCTION PROGRAMS
During the term of this agreement, the Union will aggressively· assist Management in developing
cost reduction programs. Such programs may include voluntary reduced hours/pay after this
concept is studied by Management, and with such application as may be approved by
Manageme11t.
During the term of the agreement, subject to availability of surplus computers, the City will
continue the Computer Loaner Program. The Union vlill assist in implementing the program by
supplying volunteers as needed for technical support, to assist in selection of participants and for
distribution and return of computers.
ARTICLE XXVI-REOPENERS
Section 1. Employer-paid Member Contributions
During the term of this agreement, the City may reopen the issue of employer-paid member
contributions (EPMC) for the purpose of negotiating the terms for ending EPMC.
Section 2. Nepotism Policy
During the term of this agreement, the City may reopen negotiations on the issue of changes in
the City nepotism policy.
Section 13. Non-disclosure Provisions
During the term of this agreement, the City may reopen negotiations on the subject of non-
disclosure provisions.
ARTICLE XXVII-TERM
The Term of this Memorandum of Agreement shall commence on May l;.I-99.& and shall
expire on April30, ;wQ..l. •. Either party may serve written notice upon the party during
the period between ninety and sixty days prior to April30, ;wQ..l. •• of its desire to amend this
Memorandum of Agreement. If, atthe time this Memorandum of Agreement would otherwise
terminate, the parties are negotiating a new Memorandum of Agreement, upon mutual agreement
the terms and conditions of this Memorandum shall continue in effect.
EXECUTED: (DATE)
FOR LOCAL 715, SEIU, AFL-CIO, CLC:FOR CITY OF PALO ALTO:
APPENDIX A
Approx .. Monthly Salary at E-Step
Class Effective Effective Effective
Number Class Title 5/1/01 5/1/02 5/1/03
206 ACCT ASSISTANT . 3,425 3,614 3,794
204 ACCT SPEC 3,886 4,099 4,303
207 ACCT SPEC-LEAD 4,149 4,378 4,596
277 ANIMAL ATTENDANT 3,494 3,704 3,889
276 ANIMAL CONTROL OFF 3,742 3,967 4,165
263 ANIMAL SERVICES SPEC 3,724 3,91d 4,106
244 ASSOC BUYER 4,472 4,829 5,070
333 ASSOC ENGINEER 5,856 6,149 6,456
353 ASSOC PLANNER 5,496 5,825 6,116
247 ASSOC POWER ENGR 6,207 6,548 6,876
269 ASSOC RES PLANNER 6,274 6,650 6,983
330 ASST ENGINEER 5,304 5,569 5,848
256 ASST POWER ENGR 5,603 5,912 6,208
268 ASST RES PLANNER 5,664 6,004 6,304
249 ASST STOREKEEPER 3,463 3,705 3,891
382 AUTO SERVICE MECH 4,201 . 4,411 4,631
299 BLDG INSPECTOR 5,432 5,758 6,045
300 BLDG INSPECTOR SPEC 5,798 6,146 6,453
370 BLDG SERVICEPERSON 3,334 3,501 3,676.
371 BLDG SERVICEPERSON-L 3,560 3,738 3,926
355 BLDG/PLG TECHNICAIN 4,390 4,654 4,886
212 BUYER 4,780 5,163 5,421
536 CATHODIC TECH 5,654 5,936 6,233
208 CDBG COORD 5,874 6,226 . 6,538
408 CEMENT FINISHER 4,080 4,284 4,499
409 CEMENT FINISHER LEAD 4,388 4,608 4,839
502 CHEMIST 5,541 5,818 6,110
305 CHF COMM TECH 5',856 6,149 6,456
297 CHF ELEC UNDG INSPEC 6,066 6,370 6,688
239 CHF INSPEC WGW 5,811 6,160 6,468
301 CODE ENFORCEMENT OFF 5,215 '5,529 5,806
306 COMM TECH 5,215 5,475 5,749
702 COI\jiMUNITYSERV OFFCR 3,842 4,035 4,236
234 COMPUTER OPERA TOR 3,747 3,934 4,132
534 COMPUTER SUP CNTR TR 5,588 5,867 6,160
264 COORD COMPUTER SVCS 4,307 4,522 4,747
255 COORD LIBRARY PROG 5,193 5,505 5,780
317 c·ooRD REC PROG. 4,244 4,648 4,881
242 COORD RECYCLING 5,047 5,551 5,829
205 COURT LIAISON OFFICER 5,000 5,250 5,512
214 CRIME ANALYST 5,000 5,250 5,512
218 CUST SVC REPRESENT 4;147 4,355 4,574
217 CUST SVC SPEC 4,560 4,789 5,028
225 DATA ENTRY OPERATOR 3,423 3,594 3,775
260 DESKTOP TECHNICIAN 4,841 5,083 5,338
Class
Number Class Title
533 ELEC ASST I
267 ELEC UNDGD INSPEC
530 ELECTRICIAN
529 ELECTRICIAN-APPREN
535 ELECTRICIAN:.LEAD
332 ENGINEER
311 ENGR TECH I
323 ENGR TECH II
319 ENGR TECH Ill
. 257 ENVIRONMENTAL SPEC
211 EQUIP MAINT SERV PER
396 EQUIP OPERATOR
397 EQUIP OPERATOR-LEAD
250 EQUIP PARTS TE'CH
220 EXECUTIVE SECRETARY
203 FACILITIES ASST
374 FACILITIES CARPENTER
375 FACILITIES ELECT
373 FACILITIES MAINT-L
. · 376 FACILITIES MECH
377 FACILITIES PAINTER
462 FIELD SVCPERS WGW
383 FLEET SVCS 'COORD
455 GANG MOWER MECH
489 GAS SYSTEM TECH
456 GOLF COR EQUIP MECH
459 GOLF COR MT PERSON
390 HEAVY EQUIP OPER
391 HEAVY EQUIP OPER-L
508 IND WASTE INSPEO
258 IND WASTE INVTGTR
227 INSPECTOR, FIELD SVC
308 INSTRUM ELEC
202 INVESTMENT ANALYST
503 LABORATORY TECH WQC
254 Ll BRARIAN .
252 LIBRARY ASSOCIATE
222 LIBRARY ASST
253 LIBRARY SPECIALIST
541 LINEPER/CABLE SPL
542 LINEPER/CABLE SPL-L
531 LINEPER/CABLE SPL-T
532 LINEPER/CABLE SPL-TL
528 LNPER/CBL SPL-APPREN
213 MAILING SVCS SPEC
505 MAINT MECH
Approx. Monthly Salary at E-Step
Effective
5/1/01
4,224
5,198
5,654
5,350
6,066
6,597
3,875'
4,194
4,683
5,856
3,400
4,004
4,290
3,787
4,296
3,589
4,636
4,636
4,950
4,636
4,636
3,943
4,600
4,102
4,295
4,307
3,955
4,534
4,844
4,920
5,262
·5,245
5,326
.4,231
4,957
4,194
·3,898
3,381
3,685
5,822
6,250
5,655
6,068
5,350
3,040
5,012
Effective
5/1/02
.4,435
5,458
5,936
5,617
6,370
6,926
4,069
4,404
4,917
6,149
3,570.
4,205
4,504
4,052
4,555
3,770
4,915
4,915
'5,246
4,915
4,915
4,140
4,830
4,307
4,510
4,522
4,173
4,761
5,087
5,167
5,525
5,560
5,593
4,442
5,205
4,446
4,113
3,567
3,887
6,113
6,562
5,938
6,371
5,617
3,206
5,264
Effective
5/1/03
4,657
5,730
6,233
5,898
6,688
7,273
4,272
4,624
5,163
6,456
3,749
·4,414
4,730
4,255
4,782
3,958
5,161
5,161
5,508
5,161
·5,161
4,347
·5,011
4,522
4,735
4,747
4,381
4,998
5,342.
5,425
5,801
5,837
5,872
4,664
5,465
4,667
4,319
3,745
4,082
. 6,418
6,890
6,234
6,690
5,898
3,367
5,527
Approx. Monthly Salary at E-Step
Class Effective Effective Effective
Number · Class Title 5/1/01_ -5/1/02 5/1/03
216 MARKETING ENG 6,597 6,926 7,273
241 METER READER 3,877 4,071 4,274
240 METER READER-:LEAD 4,160 4,368 4,586
380 MOTOR EQUIP MECH 4,600 4,830 5,071
381 MOTOR EQUIP MECH-L 4,907 5,153 5,411
201 OFFICE ASSISTANT 3,423 3,594 3,775
200 OFFICE SPECIALIST 3,724 3,910 4,106
230 OFFSET EQUIP 9P 3,386 3,572 3,750
235 OFFSET EQUIP OP-LEAD 3,620 3,820 4,010
451 PARK MAINT PERSON 3,955, 4,173 4,381
281 PARK RANGER 4,187 4,480 4,704
243 PARKING~ENF OFF 3,735 3,922 4,·118
460 PARKS CREW-LEAD 4,305 4,543 4,770
245 PARKS/OPEN SPC ASST 1,528 1,613 1,695
352 PLANNER 5,874 6,226 6,538
304 PLANS CHECK ENGR ·6,406 6,727 7,063
210 POLICE RECORDS SPEC 3,724 3,910 4,106
246 POWER ENGR 7,009 7,394 7,763
270 PROD ARTS/SCI PROG 4,917 5,385 5,654
232 PROG-ANAL YST 5,588 5,867 6,160
265 PROGRAM ASSISTANT '4,069 4,314 4;529
209 PROPERTY EVID TECH 3,844 4,036 4,238
·237 PUB SAFETY DISP-CHIEF 5,278 5,752 6,040
238 PUB SAFETY DISP~FLEX 4,534 4,761 4,998
236 PUBLIC SAFETYDISP 4,699 5,122 .5,378
357 REAL PROPERTY AGENT 5,262 5,525 5,801
356 REAL PROPERTY ANL YST 4,231 4,442 4,664
414 REFUSE DISP ATTEN 3,560 3,738 3,926
262 RESOURCE PLANNER 7,442 7,890 8,285
461 SPRINKLER SYS REPR .. 4,019 4,241 4,452
224 SR CHEMIST 6,158 . 6,467 6,79'1
511 SR IND WASTE INSPECT 5,258 5,522 5,798 . . . .
512 SR INSTRUM ELECT 5,822 6,113 6,418
251 SR LIBRARIAN 4,763 5,049 5,302
504 SR MECH WQC . 5,711 5,997 6,297
506 SR OPERATOR WQC 5,317 5,583 5,862
318 SR PLANNER 6,460 6,848 7,191
231 SR PROG ANALYST 5,974 6,272 6,586
280 SR RANGER 4,634 4,959 5,206
261 SR UTIL FIELD SVC REP 5,154 5,413 5,683
266 SR UTIL SYSTTECH 5,577 5,856 6,149
405 ST MAINT ASST 3,385 3,555 . 3,733
392 ST SWEEPER OP 3,998 4,198 4,407
393 ST SWEEPER OP;:-LEAD 4,281 4,496 4,721
221 STAFF SECRETARY 4,007 4,248 4,461
248 STOREKEEPER 3,811· 4,078 4,283
Class
Number Class Title
326 SURVEYINGASST ·
325 SURVEYOR, PUBLIC WKS
309 SYSTEM OP/SCHED
228 TELEPHONE TECH
229 THEATER SPECIALIST
406 TRAF CONT MAINT I
412 TRAF CONT MAINT II
407 TRAF CONT MAINT-L
435 TREE MAINT ASST
434 TREE MAINT PERSON
430.TREE TRIM/LN CLR
431 TREE TRIM/LN CLR-L
432 TREE TRM/LN CLR ASST
. 400 TRUCK DRIVER
215 UTIL ACCT REP
223 UTIL ACCTG TECH
272 UTIL COMP TECH
219 UTIL CREDIT/COL SPEC
310 UTIL ENGR ESTIMATOR
486 UTIL FLD SVCS REP
480 UTIL INSTALL/REP
481 UTIL INSTALL/REPAST
479 UTIL INSTALLIREP-L
271 UTIL LOCATOR
233 UTIL RATE ANALYST
307 UTIL SYST OPER
259 UTIL SYST TECH
278 VETERINARIAN TECH
274 VOLUNTEER COORD
482 WATER METER REP ASST
484 WATER METER REPAIR
507 WATER TRANS SPEC
501 WATER TRANS SPEC-L
500 WQC PL T OPER I
509 WQC PL T OPER II
510 WQC PL TOPER TRN
226 WTR MTR CR.S CN TEC
Approx. Monthly Salary at E-Step
Effective
5/1/01
4,879
5,310
6,123
4,84~
5,262
3,967
3,671
4,264
3,553
3,900
4,082
4,368
3,84~
3,646
4,81.3
4,196
5,704
5,024
6,170 .
4,818
4,700
3,986
5,057
4,437
5,856
5,700
5,215
3,822
4,463
3,776
4,180
4,551
4,863
3,952
4,761
3,400
4,290
Effective
5/1/02
5,172
5,629
6,430
5,083
5,761
4,165
3,854
4,477
3,802
4,173·
4,368
(673
4,114
3,828
5,174
4,426
6,045
. 5,276
6,510
5,059
4,936
4,186
5,310
4,659
6,149
5,985
5,475
4,050
4,888
3,965
4,390
4,778
5,106
4,149
4,998
3,570
4,504
Effective
5/1/03
5,430
5,910
6,753
5,338
6,049
4,373
4,047
4,700
3,993
4,381
4,586
,4,907
4,321
4,019
5,432
4,648'
6,347
5,539
6,836
5,312
5,182
4,395
5,576
4,891
. 6,456
6,285
5,749
4,253
5,132
4,163
4,610
. 5,018
·5,361
·4,357
5,248
3,749
4,730
s/Mary Lees/Jay Rounds
s/Olivia Lins/Scott Bradshaw
s/Mark Almer/Sheryl Contois
s/Doug Bassler/Paul Dornell
s/Michael Blodgett/Richard James
s/Jim Bujtor/Charles Perl
s/John Cunningham/Delores Turner
s/Richard Dodds
s!F ernando Encisco
s/Dale Eastom
s/Raveen Maan
s/Biff Schaffer
s/Greg Schulz
. s/Maya Spector
APPENDIXB
APPRENTICESHIPS
WATER QUALITY CONTROL OPERATOR TRAINEE may lead to positions within Water
Quality Control.
ELECTRICIANILINEPERSON -LINEPERSON/CABLE SPLICER APPRENTICE: May lead
to Electrician or Lineperson/Cable Splicer positions.
The Utilities Department is proposing to formalize the Apprenticeship programs in the Electric
Section to develop journey level electricians and lineperson/cable splicers. The following are
basic concepts/principles to be incorporated:
· !.Positions/classifications to be identified through the normal budget process -three
initially.
2.The journey level position will riot be a promotional opportunity for anyone other than
the apprentice underfilling the position, so long as that apprentice is successfully
progressing through the program.
3 .Employees in ths Elsctrical Assistant classification 1 g -who qualify
will be given first consideration for the apprentice position prior to other City
classifications or recruiting from outside the City.
4 . Ths Elsctrical Assistant classification will bs vis\vsd as a candidats sourcs for ths
apprsntics program \Vhsn considsring qualifications for hiring slsctrical assistants.
~A letter of agreement will be entered into by the apprentice and the City identifying
the terms and conditions of the program. e I. The program will normally require 36 months to complete. +a. Normal progress through the program will be in periodic increments with formal
evaluations.
& I· Salary steps will be established to bridge the Electrical Assistant classification into
the journey level classification.
9-~. A process for initial selection and placement in the program will be established.
~· A procedure for removing an unsuccessful apprentice from the program will be
developed.
+ht~· A task force including journey level persons will be assigned to determine the
content and approach to specific elements of training.
12 lit. Training will consist of on-the-job (OJT) and after hours elements (study and
formal classes). Off-the-job training costs will be funded by tuition reimbursement and
departmental funds. Personal time spent in off-the-job training will not be cqmpensated.
-!J,-(~. The apprentice will be under the continuing guidance of an appropriately
qualified journey level person during OJT. Such journey level persons will be assigned
by Management from among volunteers and will receive no additional compensation. -1-4IJ!. Qualifications/progress will be verified by appropriately kept records.
~·· Unless specifically stated otherwise, regular City personnel policies and MOA
provisions will apply to the apprenticeship program.
M II· This program may become a conceptual model for apprenticeships in other
divisions or departments.
ELECTRIC SYSTEMS DISPATCHER APPRENTICE:
May lead to Electric System Dispatcher position. Provisions of the training program to be
developed with a target date of January 1, 1995.
APPENDIXC
No current exceptions. The last exceptions appeared in the 1985-87 Agreement.
APPENDIXD
Section 1 Exceptions to Standard Workday or Work Week for SEIU Representation Unit .
. DEPT/DIVISION CLASSIFICATION WORKDAY OR WORK
WEEK VARIATION
COMMUNITY Volunteer Coordinator Each week (30 hours):
SERVICES 15 hours of unscheduled time;
Arts & Culture 15 hours of scheduled time
Division
Library Division Coordinator, Library In a given work week, staff may
Programs work three eight-hour days, one
Librarian seven-hour day, and one nine-
Senior Librarian hour day. On a voluntary basis,
Library Specialist staff may work five non-
Library Assistant consecutive days within seven.
Library Associate . . SectiOn 2. Rules Govermng Flexible Work Hours
These rules and procedures are established pursuant to Article VI, Section 8, and are an
application of Article VIII, Sections 1, 2, and 3 of the Memorandum of Agreement to the
classifications of Coordinator, Recreation Programs; Producer, Arts & Sciences Programs;
Program Assistant; Theater Specialist, in the Recreation and Arts & Culture Divisions of the
Community Services Department, and the classifications of Associate Planner, Building
Planning Technician, CDBG Coordinator, Engineer, Executive Secretary, Office Specialist,
Planner, Senior Planner and Staff Secretary in the Planning and Community Environment
Department.
(a)Flexible Work Schedule
!.Employees in the covered classification shall be permitted to arrange flexible
work schedules with division approval, providing that such schedules sha!l
include forty ( 40) hours per week. i~
2.Standard daily office hours shall be Monday thro,ugh Friday, between tl:ie hours
of 8:00 a.m. and 6:00p.m. Flexible hours may occur for supervision of, cWd/or
. attendance at, evening programs, meetings, weekend events, or other programs.
(b )Overtime ·
!.Emergency call-out work shall be defined as overtime work and compensated
per standard City practices.
2.1f the need arises for overtime work due to an unusual circumstance calling for
extra hours or due to a special event, compensation shall be allowed with prior
approval of the Director of Recreation, Director of Arts and Culture, or the
Director of Planning and Community Environment, and shall be compensated for,
as spelled out in the. Memorandum of Agreement
Section 3. 2080 Plan
(a)Either the Union or the City may withdraw from the Plan by giving the other party 30
calendar days written notice. In the event of termination of the plan, the covered
classifications will return to an 8-hour or other authorized workday as provided under
Article VIII, Section 1, of this Memorandum of Agreement.
... (b)Provisions of the 2080 Plan are as follows. To the extent that these provisions,are in
_;;·: conflict with other provisions of the Memorandum of Agreement, these provisio~s will .,
2080 Plan
Under this 2080 Plan, each employee's hours of work per year may not exceed 2,240. For
, " scheduling purposes, and subject to the Merit System Rules and Regulations, the
employee will be guaranteed not less than 2080 hours per year, or no less than 52 weeks
at the normal number of hours worked per week. Any employee covered by the Plan who
works up to 2,080 hours per year is compensated for all hours worked at the agreed upon
rate. The City must pay overtime for all hours worked in excess of 12 in any workday, 56
hours in any work week, or 2080 hours in 52 weeks as the case may be. The rate of
overtime will be at time and one-half the employee's regular rate of pay (or current
contract overtime rate, if different).
Shift Schedule
Attached as Exhibit 2 is the shift schedule for the Utility Control Center
-:'··
Wages
Wages will be based on the City of Palo Alto Compensation Plan, which may vary from
time to time as mutually agreed upon.
Overtime
Under the 2080 Plan, the City will pay overtime for all hours worked in excess of 12 in
any workday, 56 in any work week, or 2080 in 52 weeks, as the case may be.
Overtime will also be paid for hours worked when an employee is called in to work other
than their regularly-scheduled shift. The overtime rate of pay will be one and one-half
times (or current contract overtime rate, if different) of the employee's regular rate of pay.
All overtime worked will be paid to the employee. No compensatory time off for
overtime will be allowed. -
five Operators -share
the relief week evenly as they rotate through the five week cycle.
Relief employee(s) will be utilized withinthe 12-hours shift schedule only when relieving
for the System Operators on shift. When not relieving, they will work four eight-hour
shifts. ·
When a vacation relief week results in a 36-hour or 48-hour week, the next following
relief work week will be scheduled for three eight-hour and one four-hour shift, or two
eight-hour shifts, depending on whether 18 or 16 hours were needed to bring the hours
back to the 40-hour average.
Relief Duties
An employee who is
.:>vllvu.un.,u to m revolving shifts on any
day of the week and may be assigned for relief in any shift without advance notice. Relief
employees will be paid standby pay during their relief week.
An employee who is on
relief duties is covering standby, and will be compensated according to Article VIII,
Section 7 (a) of the Memorandum of Agreement. If the relief employee is on vacation or
otherwise unavailable for relief duties, the employee(s) on their three-or four-day off
period will be first on standby. ~:;
Management reserves the right to utilize Management personnel as Operators on:~ short-
term, as needed basis, if no Operator is available.
Filling Vacant Positions
If the City elects to fill a vacancy other than by reassignment of the shift or the utilization
of prior or succeeding shift personnel, the following procedure shall be utilized:
Employees will be called according to their position on the Pre-arranged Overtime List
(POL), with the person with the lowest balance being the first one called. The purpose of
the POL is to fairly distribute the available opportunities. If an employee turns down the
overtime, that amount will be added to the employee's POL balance. If an employee
cannot be contacted for such assignment, the employee will not have any overtime added
to their POL account balance. ·
jlj
Shift Changes
Shift changes caused by scheduled time off or sick leave will not be considered a~
official change in shift.
)£,'
. Maximum Hours Worked
No employee shall work more than 18 consecutive hours.
Rest Period
In a 12-hour workday, employees are entitled to a rest period of 8 consecutive hours after
working 6 hours overtime during the 12 hours immediately prior to the regularly
,,, scheduled hours of work on a workday or non-workday.
Holidays
Employees who begin their day or night shift on an observed holiday will receive
overtime premium in accordance with Section 3, Article X, and eight hours holiday pay
according to Article X, Section 3 of the Memorandum of Agreement. Employees on their
regular day off will be paid eight hours holiday pay for the holiday. Relief shift
employees will be paid eight hours holiday pay and given the day off. Holiday pay may
not be converted to vacation or compensatory time off.
Sick Leave
Sick leave will be earned as indicated in Article XII, Section 1(a) of this Memorandum of
Agreement, and shall be charged in increments of one hour.
Floating Days Off
Floating days off will be converted to hours at eight hours per day and credited to the
employees' vacation bank for use as scheduled vacation.
1% Annual December ,A,..djustment
Operators will receive their 1% annual December adjustment as pay, subject to possible
negotiated changes in this benefit.
Vacation
An employee's total entitlement will be converted to hours (eight hours= one day). A
workday will consist of 12 hours, and employees taking vacation will be charged 12
hours of use. Two week notification is required for any scheduled time off. Only one
person at a time may be scheduled off.
It is the intention of the City that vacation be taken in units of one work week; however,
with approval of his/her supervisor, an employee may use his/her accrued vacation in
units of less than one work week.
Meals
·Shift employees shall be permitted to eat their meals during work hours and shall not be
allowed additional tin:e, therefore at City expense.
Overtime Meals
Overtime meals will be provided by the City for appropriate meals missed. Determination
of when an overtime meals is due based on Article VIII, Section 4 (a) and (b), except 4
(a) 3. When an employee is called out two hours or more before a regularly scheduled
shift and works the regularly scheduled shift, he/she will be entitled to a meal.
Shift Premium
Shift premium will be handled in accordance with the current Memorandum of
Agreement between the City and the Union, Article VIII, Section 8.
Jury Duty
Time off for jury duty which occurs on a regularly scheduled workday will result in the
employee being credited with up to 12 hours worked, for pay purposes.
Employees called for jury duty who are working the evening portion of the 12-hour
schedule will be placed, for payroll and scheduling purposes, on the day shift for each
scheduled day such employee is required to report for jury duty, and will not be required
to work the evening 12-hour shift before or after being required to report for jury duty.
However, such employee shall return to work on the day shift upon being released from
such duty if there are at least four hours remaining prior to the end of the day shift.
All other provisions of Article XII, Section 5, of the current Memorandum of Agreement
shall apply.
APPENDIXE
1. For employees in the following operations assigned to work schedules other than
Monday through Friday, the calendar day will be considered the holiday for
premium pay of in-lieu scheduling purposes:
Communications
Water Quality Control
Animal Control
Golf Course
Utilities Services
Landfill
Open Space
Police Records Specialist
Electric System Operator
2. IfDecember 24 and 31 fall on Sunday, then the preceding Friday will be
designated for purposes of excused time off, except in the case of Community
Services staff who may be scheduled to work on Saturday, in which case Saturday
will be designated for purposes of excused time off. For Open Space and Library
personnel, designation of excused time off will be based on Park and Library
schedules and employee preference.
.:. ,_,: